Tefo Tefo
FORMER National Security Service (NSS) boss Tumo Lekhooa has petitioned the High Court to nullify the government’s decision to remove him from the post and reassign him to his old job as Director of Military Intelligence at the Lesotho Defence Force (LDF).
Colonel Lekhooa was appointed as NSS director-general last September by Dr Mosisili, leaving his substantive role as Director of Military Intelligence. The senior officer had been appointed on a three-year “secondment” contract, which meant that he would return to the LDF after the lapsing of the period.
In his court papers filed in court last Tuesday, Col Lekhooa wants the respondents to show cause why “the purported termination of applicant’s appointment on secondment as Director General of the National Security Service shall not be declared unconstitutional, null and void”.
In the event that he is not reinstated he wants an order “declaring that the applicant is entitled to his emoluments and benefits for the unexpired period of secondment as Director General of the National Security Service calculated from 10 July 2017”.
He cites Prime Minister, Thomas Thabane, Minister of Defence and National Security, Sentje Lebona, Minister Law and Constitutional Affairs, Lebohang Hlaele, and the Attorney General as first to fourth respondents respectively.
Col Lekhooa submitted an affidavit in support of his application.
“At all material times to this application I have been a member of the Lesotho Defence Force and on the 16 September 2016 I held the rank of Colonel.
“On the same date I was appointed Director General to the National Security Service after I was seconded from the Lesotho Defence Force into the said service,” he stated.
He argues the contract he signed with the government stipulated that either party could only terminate the contract upon making a notice of three months.
He says, instead the government offered to pay him in lieu of the three months when it terminated his contract in July.
He said that Clause J of his contract provides that: “Notice to terminate secondment may be done by either party through a written notice of three months. The termination shall not affect or otherwise limit any rights including benefits accrued to the employee party during the subsistence of the secondment.”
In his affidavit he states that “though the letter (terminating his contract) purports to make an offer of payment of three months in lieu of notice, there is no basis for such an offer in the contract itself, and as such it cannot be supported.
“Apart from the preceding, it is not apparent what the payment of the three months refers to. It will be seen that I am entitled to a monthly salary and to benefits quantified in monetary terms, some calculable per month and others not.
“I am legally advised and verily believe the same to be correct that by substituting three months payment for the actual notice the first respondent (Dr Thabane) is purporting to alter the terms of the contract unilaterally, a power he does not have in terms of the contract.”
He also complains that termination of his contract was made without being given a hearing.
“Alternatively, I had a legitimate expectation that as an occupier of a constitutionally established office, and confirmed by the National Security Act, which is as such a public office, I could not be removed while properly discharging the duties the duties of my office until the contract came to an end, at the end of three years, as provided in the said contract. In other words my contract of employment is not terminable at will or arbitrarily.
“I have ordered my affairs in such a way that I expected to spend 3 years in my employment, and upon good conduct and performance on my part.
“I budgeted on the basis of my salary and benefits set out in my contract and understood that I would not lose those without just cause,” he argued.
He alleged his removal from office lacked “a rational connection to the purpose for which the power was given in the constitution.”
He argued that his “purported dismissal” was therefore null and void.
